LOUISIANA DELTA HARDWOOD LUMBER CO., INC.,
v.
COMMISSIONER OF INTERNAL REVENUE

5th Cir. | 1950-06-30
No. 12935
Before HUTCHESON, Chief Judge, and McCORD and RUSSELL, Circuit Judges.
183 F.2d 189 Court of Appeals for the Fifth Circuit (1950) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

In 1942, certain oil and gas leases, on which, in 1941, petitioner had received bonuses and had deducted percentage depletion allowances, were surrendered and can-celled.

Petitioner, in its return for 1942, did not return the amount of percentage depletion taken in 1941, on the ground that the taking of the percentage depletion in 1941 did not reduce its income taxes for that year. The commissioner disagreed with this view and determined a deficiency accordingly.

The Tax Court sustained the commissioner’s determination, and petitioner is here insisting that its action was erroneous and its decision should be reversed.

We do not think so. Indeed, the decision is so fully supported by the authorities it cites1 as to render unnecessary, discussion by us. The decision is

Affirmed.

. Crabb v. Comm., 5 Cir., 119 F. 2d 772; Sneed v. Commissioner, 5 Cir., 119 F. 2d 767; Driscoll v. Commissioner, 5 Cir., 147 F. 2d 493; Douglas v. Commissioner, 8 Cir., 134 F. 2d 762: U. S. v. Dakota-Montana Oil Co., 288 U.S. 459, 53 S.Ct. 435, 77 L.Ed. 893; Herring v. Commissioner, 293 U.S. 322, 55 S.Ct. 179, 79 L.Ed. 389; Douglas v. Commissioner, 322 U.S. 275. 64 S.Ct. 988, 88 L.Ed. 1271.


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